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New York State Supreme Court

Brookhaven Councilwoman Valerie Cartright and her aide Jenn Martin were at Saturday’s PJS/T Chamber Santa event handing out hot chocolate packets and hand sanitizer. Photo by Kyle Barr

Town of Brookhaven Councilwoman Valerie Cartright (D-Port Jefferson Station) could be seen as the maverick of the Town Board. Of the five other councilmembers and the supervisor, she is the only Democrat. Beyond that, she was the first Black person elected to the board in the town’s history.

And by next year, Cartright will move on to the New York State Supreme Court. In a Zoom interview with TBR News Media, the councilwoman said that while she will try to remain involved in the community, it will no longer be in an official capacity. 

“It has really given me a different perspective on what governance of a municipality truly means.”

— Valerie Cartright

Cartright said she was tapped to run for Supreme Court justice this year after the results of the state Senate District 1 primary. After she was asked, she took some time to think about the move.

“It was clear to me that, you know, based on all of my experience as an attorney — I’ve been a civil rights attorney for 17 years or so now — and I’ve been fighting for fairness and equity within our judicial system during that time,” she said. “Those have always been paramount concerns for me. So it was a natural progression to some degree.” 

Based on all counted ballots, Cartright received the most votes of all Suffolk supreme court candidates, though voters did have little choice to which justices were on the ballot due to cross party endorsements. Justices serve for 14-year terms, and though she still intends to live in Port Jefferson Station, by the nature of her office, she will have little to no involvement in politics. Instead, she said her focus on the bench will be toward justice within the legal system.

“When you’re in court, it’s the last-mile marker of the justice system — you’ve tried everything else,” she said. “I’ve found some of the judges that I’ve sat before or have come before that they were not listening to both sides of the argument — they were not giving people their day in court as I would have liked.”

It’s been an interesting seven years on the Town Board, ones which included initiatives to revitalize Port Jefferson Station and combat homelessness in the area, environmental issues and water-quality issues with local bays and harbors, and the ever-present contest between developers and those looking to preserve land. And then 2020 came along with all the issues caused by the COVID-19 pandemic and the spark of protests that ran all across the country plus the backlash to those protests. Council District 1 has been home to a multitude of rallies and protests from both sides.

Cartright said the key has been to listen and become intimate with the various local groups in her area. CD 1 is home to a diverse population in areas like Port Jefferson Station and Terryville, as well as the more opulent areas on the North Shore. It maintains several unique historic areas in Setauket and Stony Brook, various civic groups and chambers of commerce. It also contains four independent incorporated villages, all with their own small forms of government.

Brookhaven Councilwoman Valerie Cartright, right. File photo by Elana Glowatz

The varying levels of municipal and civic groups make it a challenge for anybody looking to get their feet wet in governing, but Cartright called it “a pleasure” getting to know all the different organizations and governing bodies. Being able to see things from both a macro and micro level, one thing she looked toward was taking small ideas and introducing them to the town on a wider basis. 

“It has really given me a different perspective on what governance of a municipality truly means,” she said. 

As the lone Democrat on the board, Cartright has had no other option than work with her Republican counterparts. While she said that the board has frequently worked together despite politics, Cartright has often enough been a lone voice of dissent on several issues. Just recently, at a December Town Board meeting, she and Supervisor Ed Romaine (R) went back and forth over plans to add parking meters at several town parks and beaches. The board passed that impending change, where Cartright also voted “yes.”

The upcoming Supreme Court justice said it has long been an effort to increase transparency. Such efforts include a community connection campaign, where she pulls information relevant to the district and sends it in an email blast to community members. She also lauded her roundtable discussions she’s had with civic and chamber leaders, as well as the town planning and law departments, as well as her own office to discuss pending applications for new development.

“I know there are times when I don’t vote the way that some of my community wants me to vote, but all of those votes, all those decisions that I make, are informed decisions,” she said. “And they’re done based on all of the community input that I can receive.” 

It is something she hopes the next person to represent CD1 will continue. She said the three biggest issues coming up for whomever takes over the seat are going to maintain diversity representation so that “the board has a diverse body representing the community itself, the town itself.” 

The second big issue would be the landfill, which the town plans to close by 2024. Capping the landfill will represent a big blow to town finances and will likely mean a new kind of waste crisis for the entirety of Long Island. The other aspect to that is the environmental impact, as the town is now considering putting in a new ashfill site at the landfill, which some groups have opposed. Whoever takes over her seat, she said, will need to consider all sides and help build consensus.

“We need to push outside of what is customary, so that we can actually help those that are being impacted by these things like food insecurity and homelessness.”

— Valerie Cartright

The third issue, she said, is going to be quality of life. Especially because of the pandemic, more and more people are experiencing food insecurity. Lines at food pantries and soup kitchens are increasing, which are only exacerbated by an ongoing homelessness crisis in the area.

“I think that we need to do more and we need to be creative,” she said. “And we need to push outside of what is customary, so that we can actually help those that are being impacted by these things like food insecurity and homelessness.”

What happens now, she said, is a transition phase for her office. She is developing a comprehensive list of what’s going on with her staff, while bringing in all the local civic, chamber and governing groups to compile that info on all large projects.

“What is going to happen is when the new elected official steps into office, there’s going to be community organizations and individuals that are already going to be armed with what needs to move forward — so the community will be able to hold [the new councilperson] accountable as to some of these initiatives,” she said.

Town of Huntington, Northport-East Northport and Port Jeff school districts lose third-party lawsuits

Port Jefferson Superintendent Paul Casciano and Northport-East Northport Superintendent Robert Banzer. The two districts had legal challenges shot down by a judge Aug. 16 pertaining to property tax assessment claims made by LIPA. File photos

By Sara-Megan Walsh & Alex Petroski

A New York State Supreme Court judge has ruled Long Island Power Authority “made no promises” to the Town of Huntington, Northport-East Northport school district and Port Jefferson School District not to challenge the taxes levied on its power stations.

Judge Elizabeth Emerson dismissed the lawsuits brought forth by the Town of Huntington and the two school districts Aug. 16 which alleged LIPA broke a promise by seeking to reduce the power plant’s taxes by 90 percent.

“The court’s decision affirms our customers’ right to pay reasonable taxes on the power plants,” LIPA said in a statement from spokesman Sid Nathan. “We remain committed to reaching a fair settlement for both the local communities and our 1.1 million customers to put an unsustainable situation back on a sustainable path.”

Port Jefferson Power Station. File photo by Alex Petroski

The judge’s ruling is a big victory for LIPA as it allows tax certiorari cases to continue to trial, rather than being dismissed, and could have a widespread impact across Long Island for other municipalities with similar disputes against the utility.

“Obviously, we disagree with this decision and plan to appeal,” Northport Superintendent Robert Banzer wrote in a letter to district residents. “Please understand that Justice Emerson’s decision is not the end of our fight in this case.”

Port Jeff school district also responded to the development.

“While this decision is not the outcome the district was hoping for, we vow to continue to explore our options as we work to protect our school district’s financial future and the needs of our community,” the district said in part in a statement. “The district will work to keep the community apprised of any updates on the matter.”

In her 24-page decision, Emerson denied any notion that chapter 21, section 16 of the 1997 Power Supply Agreement signed by LIPA when it took over Long Island Lighting Company — which has been referred to as the 1997 Promise – was intended to benefit the school districts by preventing LIPA from challenging the tax-assessed value of its power plants.

Rather, she found it was to ensure other parties, including LILCO and GENCO, which owned the plants at the time, could not start initiating tax claims during the takeover process.

She also dismisses all claims that town governments or school districts were intended third-party beneficiaries of the contract.

“The Power Supply Agreement is clear and unambiguous and that it does not bestow any enforceable third-party-beneficiary rights on the plaintiff,” Emerson wrote.

The judge pointed to the PSA saying it “does not expressly name” either the town or school districts as a third-party beneficiaries.

“She applied contract law, not third-party beneficiary law,” said John Gross, the attorney representing Northport-East Northport school district. “That’s what we think she the mistake on.”

Gross said New York State law allows entities, like the school districts, to be recognized as third-party beneficiaries based on third-party conversations, letters, and promises. The school districts have filed thousands of pages of documents with the courts, according to Gross, that include official correspondence and records of conversations former LIPA chairman Richard Kessel had with school administrators and Huntington Town officials allegedly promising not to challenge the tax assessment of its power plants.

The judge ruled these “extra-contractual promises” made largely by Kessel “were gratuitious promises for which there was no consideration.” As such, the former chairman’s words “did not contractually bind LIPA.”

Gross said the school’s status as a third-party beneficiary “was wrongly decided.”

This recent decision could have large and profound impact not only on Huntington, Northport-East Northport and Port Jeff schools, but for all other municipal government and school districts that are LIPA’s power plants.

On Page 18 of her decision, Emerson wrote not only did the PSA contract not protect the Town of Huntington, Northport or Port Jeff school district taxpayers but “other similar situated school districts and municipalities.”

“This result was to a very large extent expected by the village, and that’s why the mayor and the board of trustees very early, initiated and drove settlement discussions with LIPA to resolve the issue,” Port Jefferson Village Attorney Brian Egan said.

The village board of trustees and Mayor Margot Garant in April passed a resolution approving “settlement concepts,” and the two sides are exchanging details of terms, expected to reach conclusion “at any time,” Egan said.

“When we’re a taxing jurisdiction and we’re going to subject ourselves to the back taxes on a longshot, that is not what we do with taxpayer dollars,” Garant said. “We have an obligation to not gamble, so to speak.”

“Please understand that Justice Emerson’s decision is not the end of our fight in this case.”

— Robert Banzer

Huntington town attorney Nick Ciappetta said the town plans to file an appeal of the judge’s decision.

“We believe there’s only one logical and legal way to interpret that provision,” he said. “That provision was there for the benefit of the taxpayers of Huntington.”

The town, Northport and Port Jefferson school districts will have 30 days to file an appeal once the decision is officially entered into court records, according to Ciappetta. He estimated an appeal of the decision could take 18 to 24 months.

“The decision does not affect the pending tax certiorari case between the Town of Huntington and LIPA scheduled for trial in December, nor do we expect it will impact the parties’ willingness to proceed with mediation,” Banzer wrote to the community.

Gross confirmed that Northport school district is still looking forward to sitting down for the first mediation session with the Town of Huntington, LIPA, National Grid  and third-party neutral attorney Marty Scheinman slated for Sept. 26.

Officials in Brookhaven’s Town Attorney’s office could not be immediately reached for comment, though the town has also said it is nearing a settlement in its case. Egan speculated settlements for municipalities attempting to resolve cases out of court might be held up by mediation in Northport and Huntington Town’s case.

This post was updated Aug. 17 to include a statement from Port Jefferson School District, and to attribute LIPA’s statement to Sid Nathan.